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September 11, 2006

New Case Law in Colorado Regarding Stacking of Underinsured Motorist Insurance (UIM)

There is new case law in Colorado regarding the stacking of underinsured motorist insurance (UIM). Per the Supreme Court case holding (No. 05SA369, In Re State Farm Mutual Auto. Ins. Co. v. Progressive Mutual Ins. Co. - Automobile Insurance - Underinsured Motorist - Uninsured Motorist Stacking - Limits of Liability), insureds who are insured persons under multiple UIM policies can stack those polices to determine whether the tortfeasor was underinsured. Until now, conventional thought was that the tortfeasor coverage was measured against an individual UIM policy, not the sum of multiple policies, to see if the tortfeasor was underinsured

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